Page:United States Statutes at Large Volume 116 Part 3.djvu/535

 PUBLIC LAW 107-295—NOV. 25, 2002 116 STAT. 2127 SEC. 427. EXTENSION OF AUTHORIZATION FOR OIL SPILL RECOVERY INSTITUTE. Section 5001(i) of the Oil Pollution Act of 1990 (33 U.S.C. 273 l(i)) is amended by striking "10 years" and all that follows through the period at the end and inserting "September 30, 2012.". SEC. 428. PROTECTION AGAINST DISCRIMINATION. (a) IN GENERAL.—Section 2114(a) of title 46, United States Code, is amended to read as follows: "(a)(1) A person may not discharge or in any manner discriminate against a seaman because— "(A) the seaman in good faith has reported or is about to report to the Coast Guard or other appropriate Federal agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed under that law or regulation has occurred; or "(B) the seaman has refused to perform duties ordered by the seaman's employer because the seaman has a reasonable apprehension or expectation that performing such duties would result in serious injury to the seaman, other seamen, or the public. "(2) The circumstances causing a seaman's apprehension of serious injury under paragraph (1)(B) must be of such a nature that a reasonable person, under similar circumstances, would conclude that there is a real danger of an injury or serious impairment of health resulting from the performance of duties as ordered by the seaman's employer. "(3) To qualify for protection against the seaman's employer under paragraph (1)(B), the employee must have sought from the employer, and been unable to obtain, correction of the unsafe condition.". (b) APPROPRIATE RELIEF. —Section 2114(b) of such title is amended— (1) in paragraph (1) by striking "and" at the end; (2) in paragraph (2) by striking the period and inserting a semicolon; and (3) by adding at the end the following: "(3) an award of costs and reasonable attorney's fees to a prevailing plaintiff not exceeding $1,000; and "(4) an award of costs and reasonable attorney's fees to a prevailing employer not exceeding $1,000 if the court fmds that a complaint filed under this section is frivolous or has been brought in bad faith.". SEC. 429. ICEBREAKING SERVICES. 14 USC 93note. The Commandant of the Coast Guard shall not plan, implement, or finalize any regulation or take any other action which would result in the decommissioning of any WYTL-class harbor tugs unless and until the Commandant certifies in writing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that sufficient replacement capability has been procured by the Coast Guard to remediate any degradation in current icebreaking services that would be caused by such decommissioning.

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